Author: Charles Frank

How to Get Someone Fired: 9 Steps with Pictures

how to get someone fired for drug use

The cumulative cost of drug and alcohol abuse by employees is estimated to exceed $100 billion each year. This means that rehab is considered a medical leave if all conditions for inpatient care/continuing treatment are met. It becomes all we think about and seems to impact every aspect of our life. Our drug addiction might lead to lower performance, missed days, lack of motivation and outbursts. The human resources department at your company has special training and protocols on how to take actions when a worker is suspected of using drugs. Rather than going straight to your boss or supervisor, you may want to start by talking to a human resources representative.

  1. Along with physically seeing an employee selling drugs at work, using drugs or having drugs around the office, there are other signs of workplace drug use to know as an employee.
  2. If you or a loved one are in need of addiction treatment but are worried about can you get fired for going to rehab?
  3. ExxonCorporation,[94]the courts were forced to analyze the ADA’s direct threat [95]defense and how it interacts with the business necessity [96]defense.
  4. The writers at American Addiction Centers claim that it is, under Section 504 of the Rehabilitation Act, the ADA and Section 1557 of the Affordable Care Act.

Your drug testing professionals can set up a drug screening date for the suspected employee, as well as other employees in the work place. A drug test that has been confirmed positive will provide you with important evidence for your report. Benefit from medications to streamline withdrawal and continuous care to minimize the chance of complications or relapse during detoxification. After a week or so, you can move directly into ongoing inpatient or outpatient treatment. The ADA took effect in 1990, designed to protect employees from discrimination, whether they are in recovery from addiction or seeking inpatient or outpatient addiction treatment. Addiction is also considered a disability under the Americans with Disabilities Act (ADA), and prohibits discrimination against individuals in recovery from addiction.

Businesses post all kinds of policy information in employee areas to keep people informed and to encourage compliance. Policy particulars may also be spelled out in employee manuals distributed at hiring. If you feel like you need to get someone fired, schedule a meeting with your manager or supervisor.

Poor Performance

Your identity as a reporter can be kept confidential, but a written report may be needed for the abuser’s file or for HR to begin moving the worker toward drug tests and treatment options. According to Oschmann Employee Screening Services, any employee who witnesses or suspects drug abuse needs to offer a first-person account to the human resources, or HR, department. Be prepared to have evidence of the person’s behaviors or actions and any physical evidence present. If your employer is not large enough to maintain a HR department or manager, then a department manager or general manager in charge of employee complaints can take your report and act on it. FMLA law states that an employer can not take action against an employee who is either getting treatment upon referral by a healthcare provider or is the caretaker of a covered family member receiving treatment for substance abuse. There are few workers’ rights if they are fired for using drugs on the clock or if it impacts their work performance.

Alcoholism and drug addiction are a significant problem in the United States, both in and out of the workplace. If you or a loved one are in need of addiction treatment but are worried about can you get fired for going to rehab? If appropriate, complete any current projects and let your coworkers know that you’re taking a leave of absence. The FMLA prohibits an employer from firing, demoting, or refusing to promote someone who takes advantage of FMLA leave to attend rehab. FMLA passed in 1993, intended to protect those who need time off work to care for themselves, a spouse, a child, or a parent with a serious health complication.

At certain times it may become necessary for human resources or management to contact local law enforcement following a report on drugs and alcohol in the workplace. If drugs are found at your place of business or identified on an employee, law enforcement should be contacted to prevent potential liability issues, since the illegal substances are at a place of work. If you work at a company that has its own security department, contact security and allow its staff to contact the police. For management and human resources personnel, a report filed about suspected employee drug abuse needs to exactingly follow company policy and labor laws. Workplace Fairness notes that drug testing laws vary by state, so always make sure you follow your state’s procedure. If the suspected worker belongs to a union, you must also follow policies spelled out in the union contract about drug testing.

How Are Alcoholism and Genetics Linked?

The experts at the ADA National Network write that testing the disabled for illegal drugs is allowed, but if a lawfully prescribed drug is detected, this information has to be treated like a confidential medical record. These policies outline the process of reporting suspected or actual substance abuse for employees at all levels and they spell out the steps taken when drug abuse claims prove true. The company’s positions on job-entry drug tests, random drug tests, and testing based on reasonable suspicion also are clearly stated to expedite the investigation and treatment process. Even without a policy in place, the civil rights experts at the U.S. Commission on Civil Rights explain that employers can prohibit alcohol and drug use in their workplaces. In addition, employers are allowed to terminate or deny employment to workers or job applicants who are engaging in the illegal use of drugs.

Most companies will also allow leave or time off for an employee to enroll in treatment. Many workplaces and bosses care about their employees and want them to get better. It is also good business sense to retain someone and let them get help and start the road to recovery than go through the hiring process and bring someone new on board.

how to get someone fired for drug use

They may include the presence of a union representative at the test. Express Corp., 133 F.3d 137 (1st Cir. 1998), the court held that the employer was not required to provide a second leave of absence to an employee for substance abuse treatment. The court noted, It is one thing to say that further treatment made medical sense, and quite another to say that the law required the company to retain [the employee] through a succession of efforts.

Where I Can Make a Claim for Harassment on My Job?

Employees can also be required to adhere to the Drug-Free Workplace Act of 1988 and other similar rules established by federal agencies. Companies may not terminate, refuse to promote or refuse to hire someone because they have a past history of substance abuse. These same rules apply to employees and prospective employees who are enrolled in alcohol or drug rehabilitation programs. The writers at American Addiction Centers claim that it is, under Section 504 of the Rehabilitation Act, the ADA and Section 1557 of the Affordable Care Act.

How to Qualify for Inpatient Rehab

Many states will also allow companies to fire employees for using drugs off the clock as well, as it could potentially hurt their performance or impact the company’s image in public. If you want to learn how to go to rehab without losing your job, you are in luck, federal laws protect you in this case. If you are thinking about entering inpatient or outpatient rehab for substance abuse, ensure that you know your rights.

Along with physically seeing an employee selling drugs at work, using drugs or having drugs around the office, there are other signs of workplace drug use to know as an employee. United Concordia Dental mentions that employees on drugs may exhibit behaviors such as taking many breaks, appearing unusually moody and repeatedly being late for work. They may also have red eyes and sweaty hands, make inappropriate comments or try to solicit money from others in the workplace. When you voice your intentions of taking leave under the FMLA to your employer or the HR department in your workplace, you are not obliged to reveal your diagnosis. That said, you should offer enough information to illustrate that your leave is related to a condition protected under the FMLA.

If you can, bring along written evidence of the other person’s wrongdoings, as well as statements from any other coworkers who might feel the same way. Plan what you want to say, and practice reciting them in a calm tone of voice. Request that your complaint remain anonymous, then let your manager deal with the situation from there. Keep reading to learn when it’s appropriate to talk to your boss about firing someone, and when it’s a personal matter that you should try to manage on your own.